(1) Bryan C. Diner, Esq., counsel for Lang;
(2) Mark Boland, Esq., counsel for Kitano; and
(3) Fred E. McKelvey, Senior Administrative Patent
Judge.
A. Discussion
The purpose of the conference call was to set dates for
taking action during the preliminary motion phase of the
interference. Lang advised (Paper 13) that it did not plan to
file any preliminary motion. During the conference call, Lang
also advised that it did not intend to file a preliminary
statement. It follows that on the record there is no basis
upon which Lang can prevail and that a judgment should be
entered at this time.
B. Judgment
Upon consideration of the record, including the
discussion during the telephone conference call, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party Hans-Jochen Lang, Andreas Weichert, Jan-Robert Schwark,
Wolfgang Scholz, Udo Albus and Peter Crause.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party Masahumi Kitano,
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